Bill Amendment: MS HB665 | 2018 | Regular Session
Bill Title: Department of Agriculture and Commerce; designate as state agency responsible for enforcement of FDA's Produce Safety Rule Program under the FMSA.
Status: 2018-03-22 - Died On Calendar [HB665 Detail]
Download: Mississippi-2018-HB665-Senate_Committee_Amendment_No_1.html
Pending
COMMITTEE AMENDMENT NO 1 PROPOSED TO
House Bill No. 665
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. The following shall be codified as Section 69-1-56, Mississippi Code of 1972:
69-1-56. (1) The Department of Agriculture and Commerce is designated as the authorized state agency responsible for cooperating with the Food and Drug Administration of the United States under the provisions of 21 CFR Part 112, governing the Food Safety Modernization Act as statutorily authorized by 21 USCS Section 321, 21 USCS Section 331, 21 USCS Section 342, 21 USCS Section 350h, 42 USCS Section 243, 42 USCS Section 264 and 42 USCS Section 271, and to enforce those provisions as agents of the Food and Drug Administration. The department shall cooperate with the Food and Drug Administration in administering the Produce Safety Rule Program provisions of the Food Safety Modernization Act for the State of Mississippi under the authority of this section. The requirements of the Produce Safety Rule Program of this state shall be those requirements imposed under 21 CFR Part 112, and shall be administered in such a manner that will effectuate the purposes of this section and the applicable federal rules in order to prevent or remediate the adulteration of raw agricultural commodities on farms.
(2) In such cooperative efforts, the department is authorized to accept from the Food and Drug Administration:
(a) Advisory assistance in planning and otherwise developing the state program;
(b) Technical and laboratory assistance and training, including necessary curricular and instructional materials and equipment; and
(c) Financial and other aid for administration of the program.
(3) The department is further authorized to recommend to the Food and Drug Administration any officials or employees of the department as enforcement agents as the department shall designate. The Commissioner of Agriculture and Commerce, or his or her designee, shall serve as the representative of the Office of the Governor for consultation with the Food and Drug Administration.
(4) The commissioner shall have access to any covered farm that is not exempt or qualifiedly exempt for the purpose of:
(a) Inspecting such farm to determine if any provision of this chapter is being violated; and
(b) Securing samples or specimens to determine if any provision of this section is being violated.
(5) The commissioner may seize, condemn or destroy any produce that is being grown, kept, exposed for sale, held in possession or under the control of any person on a covered farm if that produce is in violation of this section.
(6) No person shall impede, obstruct, hinder or otherwise prevent or attempt to prevent the Commissioner of Agriculture and Commerce, an inspector or any other person employed or contracted by the department in the performance of his or her duty in administering the program functions as authorized under this section.
(7) The commissioner may promulgate regulations as may be necessary to carry out the provisions of this section.
(8) The Department of Agriculture and Commerce may enter into cooperative agreements as may be necessary to carry out the provisions of a Produce Safety Program.
(9) The commissioner may impose administrative penalties for violations of this section not to exceed Five Thousand Dollars ($5,000.00) for each violation. Any person against whom a complaint is made or who has been made subject to a fine or license suspension may avail themselves of a due process administrative hearing as provided by Section 69-1-18.
(10) The provisions of this section shall stand repealed upon the effective date of the repeal of 21 CFR Part 112, or when the federal funds required to implement this section are no longer allocated to the department by the Food and Drug Administration, whichever shall occur first.
SECTION 2. This act shall take effect and be in force from and after its passage.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO CREATE NEW SECTION 69-1-56, MISSISSIPPI CODE OF 1972, TO DESIGNATE THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE AS THE STATE AGENCY RESPONSIBLE FOR ADMINISTERING THE PROVISIONS OF THE PRODUCE SAFETY RULE PROGRAM PROVISIONS OF THE FOOD SAFETY MODERNIZATION ACT FOR THE STATE OF MISSISSIPPI AS AGENTS OF THE FOOD AND DRUG ADMINISTRATION; TO PERMIT THE COMMISSIONER OF AGRICULTURE AND COMMERCE TO ENTER INTO COOPERATIVE AGREEMENTS WITH THE FOOD AND DRUG ADMINISTRATION AND TO ACCEPT ANY ADVISORY, TECHNICAL AND FINANCIAL ASSISTANCE THEREFROM FOR THE ADMINISTRATION OF ENFORCEMENT OF THE PRODUCE SAFETY RULE PROGRAM; AND FOR RELATED PURPOSES.
